Results: 120

• Richmond Pharmacology Ltd v Chester Overseas Ltd

  01 Aug 2014 [2014] EWHC 2692 (Ch); [2014] Bus LR 1110; [2014] WLR (D) 365, Ch D (Stephen Jourdan QC sitting as a deputy High Court judge)

  10 Nov 2014 [2014] EWHC 3418 (Ch); [2014] CN 1970, Ch D (Stephen Jourdan QCsitting as a deputy High Court judge)

  Subsequent citations: 3.
  COSTS — Order for costs — Indemnity basis

  COMPANY — Director — Breach of duty
  Expand

  Case index catchwords

  COSTS — Order for costs — Indemnity basis — Whether claim having requisite level of unreasonableness — Whether order for indemnity costs to be made

  COMPANY — Director — Breach of duty — First defendant company having minority shareholding in claimant company — Second and third defendants appointed by first defendant to claimants’ board of directors — First defendant marketing its minority holding in claimant to third parties — Whether in course of marketing shares first defendant disclosing claimant’s confidential information to third parties — Whether breaching obligations to claimant under shareholder agreement — Test for determining whether director in breach of general statutory duties — Whether by causing first defendant to breach agreement second and third defendants breaching statutory and equitable duties owed to claimant — Whether claimant estopped from asserting that defendants in breach of duties — Companies Act 2006, ss 172, 174, 175

  2 Case(s) considered

  1 Statute considered
• In re Storm Funding Ltd

  18 Dec 2013 [2013] EWHC 4019 (Ch); [2014] Bus LR 454; [2013] WLR (D) 502, Ch D (David Richards J)

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  INSOLVENCY — Administration — Distribution of assets
  Expand

  Case index catchwords

  INSOLVENCY — Administration — Distribution of assets — Pensions regulator issuing contribution notices against multiple target companies — Whether permissible that aggregate sum specified in notices greater than shortfall sum — Pensions Act 2004, ss 47, 48

  1 Statute considered
• In re Portsmouth City Football Club Ltd (Neumans LLP v Andronikou)

  02 Nov 2012 [2012] EWHC 3088 (Ch); [2013] Bus LR 374; [2013] 1 All ER 975; [2012] WLR (D) 310, Ch D (Morgan J)

  24 Jul 2013 [2013] EWCA Civ 916; [2013] Bus LR 1152; [2014] 1 All ER 12; [2013] WLR (D) 301, CA

  10 Mar 2014 (appn dis) [2014] Bus LR 354, SC(E)

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  INSOLVENCY — Winding up — Expenses of liquidation

  INSOLVENCY — Administration — Expenses of administration
  Expand

  Case index catchwords

  INSOLVENCY — Winding up — Expenses of liquidation — Company instructing solicitors in connection with successful application to strike out winding up petition — Solicitors applying for company’s costs to be expense of liquidation — Whether company “person” appearing on petition — Proper approach to awarding company’s costs — Whether costs expense of liquidation — Insolvency Rules 1986, r 4.218(3)(h)

  INSOLVENCY — Administration — Expenses of administration — Solicitors acting for company in connection with winding up petition — Petition suspended on appointment of out of court administrators — Solicitors seeking payment of fees as expense of administration — Whether jurisdiction to order that company pay its own costs of administration out of its assets — Whether order creating necessary disbursement — Whether fees to be treated as administration costs and expenses — Whether court to exercise inherent jurisdiction to order payment of fees — Senior Courts Act 1981, s 51 (as substituted by Courts and Legal Services Act 1990, s 4(1) and amended by Access to Justice Act 1999, s 31) — Insolvency Rules 1986, r 2.67(1)(f)

  14 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  2 Statutory Instruments considered
• Aspect Contracts (Asbestos) Ltd v Higgins Construction plc

  23 May 2013 [2013] EWHC 1322 (TCC); [2013] Bus LR 1199; [2013] BLR 417; [2013] WLR (D) 211, QBD (Akenhead J)

  27 Nov 2013 [2013] EWCA Civ 1541; [2014] 1 WLR 1220; [2014] Bus LR 367; [2014] 1 EGLR 5; 151 ConLR 72; [2014] BLR 79; [2013] WLR (D) 463, CA

  15 May 2014 (appn all) [2014] 1 WLR 2218; [2014] Bus LR 711, SC(E)

  17 Jun 2015 [2015] UKSC 38; [2015] 1 WLR 2961; [2015] Bus LR 830; [2015] 4 All ER 482; [2015] 2 All ER (Comm) 965; 160 ConLR 28; [2015] BLR 503; The Times, 22 June 2015; [2015] WLR (D) 261; Case details, SC(E)

  Subsequent considerations : 2 positive. Subsequent citations: 32.
  ADJUDICATION — Adjudicator’s decision — Finality

  BUILDING — Contract — Adjudication

  CONTRACT — Construction — Implied term
  Expand

  Case index catchwords

  ADJUDICATION — Adjudicator’s decision — Finality — Reference of dispute under construction contract — Whether precluding litigation of same dispute — Whether adjudicator’s decision giving rise to separate cause of action with new limitation period — Whether term to be implied to that effect — Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)

  BUILDING — Contract — Adjudication — Reference to adjudicator of dispute under construction contract — Adjudicator making award — Whether adjudicator’s decision giving rise to separate cause of action for recovery of payment under award if dispute finally determined in favour of unsuccessful party — Whether term to be implied to that effect — Whether restitutionary right to recovery of any overpayment — Housing Grants, Construction and Regeneration Act 1996, s 108 — Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)

  CONTRACT — Construction — Implied term — Adjudicator in construction contract dispute making award in defendant’s favour — Claimant making payment in accordance with award — Claim for repayment of sum paid — Defendant counterclaiming for damages in excess of amount awarded by adjudicator — Whether implied term in contract providing claimant with cause of action for repayment if dispute finally determined in his favour — Whether claimant’s cause of action accruing at date of payment made in accordance with adjudicator’s award — Whether defendant’s cause of action accruing at date of breach of contract or duty — Whether claim or counterclaim statute-barred — Housing Grants, Construction and Regeneration Act 1996, s 108 — Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)

  5 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Tidal Energy Ltd v Bank of Scotland plc

  13 Sep 2013 [2013] EWHC 2780 (QB); [2013] Bus LR 1379; [2013] CN 1405; [2013] 2 Lloyd’s Rep 605, QBD (Judge Havelock-Allan QC)

  31 Jul 2014 [2014] EWCA Civ 1107; [2014] Bus LR 1167; [2015] 2 All ER (Comm) 38; [2015] 2 All ER 15; [2014] 2 CLC 124; The Times, 28 August 2014; [2014] WLR (D) 369; [2014] 2 Lloyd’s Rep 549, CA

  15 Dec 2014 (appn all) [2015] Bus LR 94, SC(E)

  Subsequent citations: 4.
  BANKING — Payment — Liability
  Expand

  Case index catchwords

  BANKING — Payment — Liability — Claimant authorising bank to transfer funds electronically to named recipient — Claimant correctly naming intended recipient but giving incorrect account number and sort code — Funds credited to holder of account number and sort code in accordance with usual banking practice governing such transactions — Whether bank entitled to make payment on basis of sort code and account number without reference to account name — Whether liable to re-credit funds to claimant’s account

  3 Case(s) considered
• Fibria Celulose S/A v Pan Ocean Co Ltd (Kim v Fibria Celulose S/A, Pan Ocean Co Ltd v Fibria Celulose S/A)

  30 Jun 2014 [2014] EWHC 2124 (Ch); [2014] Bus LR 1041; [2014] WLR (D) 288, Ch D (Morgan J)

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  INSOLVENCY — Cross-border insolvency — Foreign proceedings
  Expand

  Case index catchwords

  INSOLVENCY — Cross-border insolvency — Foreign proceedings — Shipowner and charterer entering into contract of affreightment governed by English law — Contract providing right of termination by either party on insolvency of other party — Shipowner entering insolvency process in Republic of Korea — Process recognised by Companies Court as foreign main proceedings for purposes of cross-border insolvency law — Shipowner’s administrator contending termination provision unenforceable under Korean insolvency law and applying for order restraining service of termination notice by charterer — Whether service of notice “commencement or continuation of individual actions or individual proceedings” allowing recognising court to grant stay — Whether court having power to apply foreign insolvency law in granting “any appropriate relief” under English Regulations — Whether court restricted to relief available in domestic insolvency proceedings — Cross-Border Insolvency Regulations 2006, Sch 1, art 21(1)

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statutory Instrument considered

• Closegate Hotel Development (Durham) Ltd v McLean

  25 Oct 2013 [2013] EWHC 3237 (Ch); [2014] Bus LR 405; [2013] WLR (D) 409, Ch D (Richard Snowden QC)

  Subsequent citations: 3.
  INSOLVENCY — Administration — Appointment of administrators
  Expand

  Case index catchwords

  INSOLVENCY — Administration — Appointment of administrators — Bank holding qualifying floating charge in respect of companies’ property — Companies defaulting and bank appointing administrators — Companies’ directors contending that bank estopped from appointing administrators — Directors seeking direction that appointment of administrators invalid — Statutory prohibition on company officer exercising management power without consent of administrator — Whether causing companies to challenge administrators’ appointment exercise of “management power” — Whether requirement that directors provide indemnity for costs — Whether bank estopped from appointing administrators — Insolvency Act 1986, Sch B1, para 64 (as inserted by Enterprise Act 2002, s 248, Sch 16, para 1)

  6 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• Registrar of Companies v Swarbrick

  13 May 2014 [2014] EWHC 1466 (Ch); [2014] Bus LR 625; [2014] WLR (D) 203, Ch D (Richard Spearman QC sitting as a deputy judge of the Chancery Division)

  Subsequent citations: 2.
  COMPANY — Register — Rectification
  Expand

  Case index catchwords

  COMPANY — Register — Rectification — Administrators sending Registrar of Companies statement of proposals for achieving purpose of administration — registrar placing statement on register — Court order that registrar amend proposals by limiting disclosure of specified part of original statement — Whether placing redacted statement on register after unredacted version already legally placed on register within registrar’s power — Whether intervention in performance of registrar’s duties and powers within court’s power — Insolvency Act 1986 (c 45), Sch B1, para 49 — Insolvency Rules 1986 (SI 1986/1925), rr 2.33, 2.33A

• L Batley Pet Products Ltd v North Lanarkshire Council

  08 May 2014 [2014] UKSC 27; [2014] Bus LR 615; [2014] 3 All ER 64; [2014] WLR (D) 198; Case details; 2014 SC (UKSC) 174, SC

  Subsequent citations: 2.
  LANDLORD AND TENANT — Repairs — Covenant

  LANDLORD AND TENANT — Commercial lease — Repairing obligation
  Expand

  Case index catchwords

  LANDLORD AND TENANT — Repairs — Covenant — Commercial lease — Obligation to keep premises in tenantable condition — Whether necessary for landlord to give notice of necessary repairs during currency of tenancy — Agreement to restore premises to original state “if so required” — Whether notice of requirement having to be in writing

  LANDLORD AND TENANT — Commercial lease — Repairing obligation — Obligation to remove alterations and reinstate premises

• In re Olympus UK Ltd

  01 May 2014 [2014] EWHC 1350 (Ch); [2014] Bus LR 816; [2014] WLR (D) 184, Ch D (Hildyard J)

  Subsequent citations: 3.
  COMPANY — Merger — Cross-border merger
  Expand

  Case index catchwords

  COMPANY — Merger — Cross-border merger — English companies proposing cross-border merger by absorption — All companies involved in transaction wholly owned by same ultimate holding company — Shareholders in transferor company agreeing not to receive shares or other securities in transferee — Definition of merger by absorption in Regulations contemplating receipt of shares or other securities by shareholders in transferor company as consideration — Whether Regulations permitting waiver of right to consideration — Companies (Cross-Border Mergers) Regulations 2007, reg 2(2)(4)

  1 Statutory Instrument considered